STATUTORY RULES.
1940. No. 204.
REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903–1939.
Dated this tenth day of September, 1940.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendment of the Military Financial Regulations.†
Allowances.
1. Regulation 193 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulations:—
“(vii) Where an allowance is paid to a member of the Militia Forces in pursuance of the provisions of sub-regulation (i), (ii) or (vi) of this regulation, he shall also be paid, in respect of each day or portion thereof occupied in travelling to or from the school or course of instruction and for which no payment is made under any of the said sub-regulations, an additional allowance at a rate equal to the daily rate of pay prescribed for his rank or appointment by regulation 134 of these Regulations.
“(viii) For the purposes of the last preceding sub-regulation, ‘day’ means that part of a day between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon.”.
Adjustment of allowances.
2. If at any time since the first day of July, 1940, and prior to the commencement of these Regulations, any payment was made or is payable under regulation 193 of the Military Financial Regulations to a member of the Militia Forces, in respect of his attendance at a school or course of instruction, the amount so paid or payable shall be adjusted so as to bring it into conformity with the total amount of allowances payable to such member in accordance with that regulation, as amended by regulation 1 of these Regulations, in respect of such attendance and the time occupied in travelling to and from the school or course of instruction.
* Notified in the Commonwealth Gazette on , 1940.
† Statutory Rules 1935, No. 83. as amended by Statutory Rules 1935, Nos. 102 and 123; 1936, Nos. 1, 32. 62, 75, 98, 111, 122, 144 and 158; 1937, Nos. 1, 22, 29, 42, 71, 76, 96 and 113; 1938, Nos. 11, 15, 45, 76, 89, 96, 98 and 122; 1939, Nos. 82, 132, 133, 135 and 159; 1940, Nos. 39, 68 and 76.
By Authority: L. F. Johnston, Commonwealth Government Printer. Canberra.
Overview
The Statutory Rules 1940, No. 204, made under the Defence Act 1903–1939, were enacted by the Governor-General in Council to address issues concerning the allowances payable to members of the Militia Forces for their attendance at schools or courses of instruction. The regulations were introduced to ensure that members received appropriate compensation for their travel time to and from these instructional activities, aligning with their rank or appointment as prescribed by regulation 134. This legislative instrument was intended to rectify any prior payments that did not conform to the adjusted allowances, ensuring consistency and fairness in the remuneration of Militia Forces members. The policy objective was to provide comprehensive financial support to members of the Militia Forces for their participation in mandatory training and educational activities.
Scope and Application
The Statutory Rules 1940, No. 204 made under the Defence Act 1903–1939, primarily focus on amending the Military Financial Regulations, specifically concerning allowances for members of the Militia Forces. These regulations apply to members of the Militia Forces who are engaged in attending schools or courses of instruction, ensuring that they receive appropriate allowances not only for their attendance but also for travel to and from these educational activities. The regulations are applicable nationally, as they are issued under the authority of the Commonwealth of Australia, and are designed to adjust and standardise the allowances provided to members of the Militia Forces to align with the current regulations, ensuring fairness and consistency in compensation. The scope of the Act extends to any member of the Militia Forces who has been or will be paid under regulation 193 of the Military Financial Regulations since July 1, 1940, and prior to the commencement of these regulations. This ensures that any past payments are also adjusted to reflect the new allowances.
Key Provisions
These Regulations, made under the Defence Act 1903–1939, amend the Military Financial Regulations concerning allowances for members of the Militia Forces. The key changes include additional allowances for travel to and from schools or courses of instruction (Regulation 1(vii)) and the adjustment of previously made payments to align with these new provisions (Regulation 2). Specifically, Regulation 1(vii) stipulates that members of the Militia Forces who are already receiving allowances for attending a school or course of instruction will also be paid an additional allowance for each day, or portion thereof, spent travelling to and from the place of instruction, provided no other payment is made for such travel. The definition of a 'day' for these purposes is the part of the day between 9 o’clock in the morning and 5 o’clock in the afternoon (Regulation 1(viii)).
These Regulations impose clear obligations on the Defence Force and the members of the Militia Forces. The Defence Force must ensure that members who are in attendance at a school or course of instruction and who incur travel expenses are compensated with the additional allowance as outlined. This involves not only the payment of the additional allowance but also the calculation and adjustment of any previous payments made before the commencement of these Regulations, ensuring that the total amount paid aligns with the new provisions (Regulation 2). Members of the Militia Forces, on the other hand, must provide evidence of travel to and from the place of instruction if they are to receive the additional allowance.
Failure to comply with these Regulations may result in financial discrepancies and potential disputes regarding allowances. While the Regulations do not explicitly detail specific offences or penalties for non-compliance, breaches of Defence Act provisions or related regulations could potentially lead to disciplinary actions or other legal consequences under the broader legislative framework governing Defence. The exact penalties would depend on the nature and severity of the breach, and would be addressed in accordance with the Defence Act and other applicable laws.